REGULATORY SERVICES COMMITTEE REPORT 2 June 2016 Subject Heading: P0136.16 - Harlow Gardens (Land rear of), Romford Variation of condition 2 of P1053.13 in order to add three new roof lights to each of the 2 no. bungalows (Received 02/02/16 and amended plans received on 16/02/16) Ward: Havering Park Report Author and contact details: Helen Oakerbee Planning Manager [email protected] 01708 432800 Policy context: Local Development Framework The London Plan National Planning Policy Framework Financial summary: None The subject matter of this report deals with the following Council Objectives Havering will be clean and its environment will be cared for [ ] People will be safe, in their homes and in the community [X] Residents will be proud to live in Havering [X] SUMMARY This application was originally approved by the Regulatory Services Committee meeting of 17 July 2014 for the erection of 5 No. two-bed chalet style bungalows. The current proposal relates to the variation of condition 2 of P1053.13 in order to allow 3 no. new rooflights to each of the 2 no. bungalows. The application is recommended for approval subject to conditions and the applicant entering into Deed of Variation. RECOMMENDATIONS That the Committee notes that the proposed development is liable for the Mayor’s Community Infrastructure Levy (CIL) in accordance with London Plan Policy 8.3. The applicable fee is based on an internal gross floor area of 448.2m² which equates to a Mayoral CIL payment of £8,964. That the proposal is unacceptable as it stands but would be acceptable subject to the applicant entering into a Deed of Variation under Section 106A of the Town and Country Planning Act 1990 (as amended) to vary the legal agreement completed on 13 October 2014 in respect of planning permission P1053.13 by varying the definition of Planning Permission which shall mean either planning permission P1053.13 as originally granted or planning permission P0136.16. Save for the variation set out above and necessary consequential amendments the Section 106 agreement dated 13 October 2014, all recitals, terms, covenants and obligations in the said Section 106 agreement dated 13 October 2014 will remain unchanged. The applicant would also be required to pay the Council’s reasonable legal costs in association with the preparation of a Deed of Variation, prior to completion of the deed, irrespective of whether the deed is completed. That Staff be authorised that upon the completion of the Deed of Variation that planning permission be granted subject to the following conditions: 1. Time Limit The development to which this permission relates must be commenced not later than three years from the date of this permission. Reason: To comply with the requirements of section 91 of the Town and Country Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004). 2. In Accordance with Plans The development hereby permitted shall not be carried out otherwise than in complete accordance with the plans detailed on page 1 of the decision notice approved by the Local Planning Authority. Reason: The Local Planning Authority consider it essential that the whole of the development is carried out and that no departure whatsoever is made from the details approved, since the development would not necessarily be acceptable if partly carried out or carried out differently in any degree from the details submitted. 3. Parking Provision Before any of the dwellings hereby permitted are first occupied, the car parking provision shall be laid out to the satisfaction of the Local Planning Authority and be made available for 10 no. car parking spaces and thereafter this car parking provision shall remain permanently available for use, unless otherwise agreed in writing by the Local Planning Authority. Reason: To ensure that car parking accommodation is made permanently available to the standards adopted by the Local Planning Authority in the interest of highway safety, and that the development accords with the Development Control Policies Development Plan Document Policy DC33. 4. External Materials The development hereby permitted shall be constructed with external materials as previously approved under application Q0029.15. Reason: To ensure that the appearance of the proposed development will harmonise with the character of the surrounding area and in order that the development accords with the LDF Development Control Policies Development Plan Document Policy DC61 5. Landscaping The development hereby permitted shall be landscaped in accordance with the details as previously approved under Q0029.15. All planting, seeding or turfing comprised within the scheme shall be carried out in the first planting season following completion of the development and any trees or plants which within a period of 5 years from completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species, unless otherwise agreed in writing by the local Planning Authority. Reason: To enhance the visual amenities of the development and in order that the proposal complies with Policies DC61 and the SPD on Landscaping. 6. Standard flank wall Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015, no window or other opening (other than those shown on the submitted and approved plan,) shall be formed in the flank wall(s) of the building(s) hereby permitted, unless specific permission under the provisions of the Town and Country Planning Act 1990 has first been sought and obtained in writing from the Local Planning Authority. Reason: In order to ensure a satisfactory development that will not result in any loss of privacy or damage to the environment of neighbouring properties which exist or may be proposed in the future, and in order that the development accords with Development Control Policies Development Plan Document Policy DC61. 7. Obscure glazing Notwithstanding the details shown on the approved plans, the proposed front and rear facing loft windows (roof lights and dormer windows) serving en-suite bathrooms, store rooms and cupboards as well as the ground floor flank windows to plot 3 and plot 5 serving a lounge and kitchen shall be permanently glazed with obscure glass and with the exception of top hung fanlights shall remain permanently fixed shut and thereafter be maintained to the satisfaction of the Local Planning Authority, in order that the development accords with Policy DC61 of the LDF. Reason: In the interests of privacy, and in order that the development accords with the Development Control Policies Development Plan Document Policy DC61. 8. Rooflights Notwithstanding the details shown on the approved plans, the rooflights hereby approved shall be obscure glazed and remain permanently fixed shut and thereafter be maintained to the satisfaction of the Local Planning Authority, in order that the development accords with Policy DC61 of the LDF. Reason: In the interests of privacy, and in order that the development accords with the Development Control Policies Development Plan Document Policy DC61. 9. Cycle Storage Prior to completion of the works hereby permitted, cycle storage of a type and in a location previously submitted to and agreed in writing by the Local Planning Authority shall be provided and permanently retained thereafter. Reason: In the interests of providing a wide range of facilities for non-motor car residents, in the interests of sustainability. 10. Hours of Construction All building operations in connection with the construction of external walls, roof, and foundations; site excavation or other external site works; works involving the use of plant or machinery; the erection of scaffolding; the delivery of materials; the removal of materials and spoil from the site, and the playing of amplified music shall only take place between the hours of 8.00am and 6.00pm Monday to Friday, and between 8.00am and 1.00pm on Saturdays and not at all on Sundays and Bank Holidays/Public Holidays. Reason: To protect residential amenity, and in order that the development accords with the Development Control Policies Development Plan Document Policy DC61. 11. Construction Methodology The development hereby permitted shall be implemented in accordance with the construction method statement as previously approved under application Q0029.15. Reason: To protect residential amenity, and in order that the development accords the Development Control Policies Development Plan Document Policy DC61. 12. Highway Agreements The necessary agreement, notice or licence to enable the proposed alterations to the Public Highway shall be entered into prior to the commencement of the development. Reason: To ensure the interests of the travelling public and are maintained and comply with policies of the Core Strategy and Development Control Policies, namely CP10, CP17 and DC61. 13. Secure by Design Secured by Design/Crime Prevention: Within 1 month of this decision a full and detailed application for the Secured by Design award scheme shall be submitted to the Local Planning Authority, setting out how the principles and practices of the Secured by Design Scheme are to be incorporated. Once approved in writing by the Local Planning Authority in consultation with the Metropolitan Police Designing Out Crime Officers (DOCOs), the development shall be carried out in accordance with the agreed details. Reason: In the interest of creating safer, sustainable communities, reflecting guidance set out in the National Planning Policy Framework, Policy 7.3 of the London Plan, and Policies CP17 'Design' and DC63 'Delivering Safer Places' of the LBH LDF. 14. Refuse and Recycling Prior to the first occupation of the development hereby permitted, provision shall be made for the storage of refuse and recycling awaiting collection according to details which shall previously have been submitted to and agreed in writing by the Local Planning Authority. Reason: In the interests of amenity of occupiers of the development and also the visual amenity of the development and the locality generally, and in order that the development accords with the LDF Development Control Policies Development Plan Document Policy DC61. 15. Removal of permitted development rights Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015, other than porches erected in accordance with the Order, no extension or enlargement (including additions to roofs) shall be made to the dwellinghouse(s) hereby permitted, or any detached building erected, without the express permission in writing of the Local Planning Authority. Reason: In the interests of amenity and to enable the Local Planning Authority to retain control over future development, and in order that the development accords with Development Control Policies Development Plan Document Policy DC61. 16. Screen fencing The development hereby permitted shall be implemented in accordance with the screen fencing details as previously approved under application Q0029.15. Reason: In order to ensure a satisfactory development that will not result in any loss of privacy or damage to the environment of neighbouring properties which exist or may be proposed in the future, and in order that the development accords with Development Control Policies Development Plan Document Policy DC61. 17. External Lighting Scheme No building shall be occupied or use commenced until external lighting is provided in accordance with details previously submitted to and approved in writing by the Local Planning Authority. The lighting shall be provided and operated in strict accordance with the approved scheme. . Reason: Insufficient information has been supplied with the application to judge the impact arising from any external lighting required in connection with the building or use. Submission of this detail prior to occupation in the case of new building works or prior to the use commencing in the case of changes of use will protect residential amenity and ensure that the development accords with the Development Control Policies Development Plan Document Policy DC61. 18. Wheel Washing The development hereby permitted shall be implemented in accordance with the wheel washing details as previously approved under application Q0029.15. The approved facilities shall be permanently retained and used at relevant entrances to the site throughout the course of construction works. Reason: In order to prevent materials from the site being deposited on the adjoining public highway, in the interests of highway safety and the amenity of the surrounding area. 19. Ground levels The development hereby permitted shall be implemented in accordance with details of the ground levels as previously approved under application Q0029.15. Reason: In the interests of neighbouring amenity and to accord with Policy DC61 of the Core Strategy and Development Control Policies Development Plan Document. 20. Tree protection The development hereby permitted shall be implemented in accordance with the tree protection details as previously approved under application Q0029.15. Reason: To protect the trees on the site and to accord with Policy DC60 of the Core Strategy and Development Control Policies Development Plan Document. INFORMATIVES 1. A fee is required when submitting details pursuant to the discharge of conditions. In order to comply with the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012, which came into force from 22.11.2012, a fee of £97 per request or £28 where the related permission was for extending or altering a dwellinghouse, is needed. 2. The planning obligations recommended in this report have been subject to the statutory tests set out in Regulation 122 of the Community Infrastructure Levy Regulations 2010 and the obligations are considered to have satisfied the following criteria:(a) (b) (c) Necessary to make the development acceptable in planning terms; Directly related to the development; and Fairly and reasonably related in scale and kind to the development. 3. Statement Required by Article 35 (2) of the Town and Country Planning (Development Management Procedure) (England) Order 2015: No significant problems were identified during the consideration of the application, and therefore it has been determined in accordance with paragraphs 186-187 of the National Planning Policy Framework 2012. 4. The Applicant is advised that planning approval does not constitute approval for changes to the public highway. Highway Authority approval will only be given after suitable details have been submitted, considered and agreed. Any proposals which involve building over the public highway as managed by the London Borough of Havering, will require a licence and the applicant must contact StreetCare, Traffic & Engineering on 01708 433750 to commence the Submission/ Licence Approval process. 5. Should this application be granted planning permission, the developer, their representatives and contractors are advised that this does not discharge the requirements under the New Roads and Street Works Act 1991 and the Traffic Management Act 2004. Formal notifications and approval will be needed for any highway works (including temporary works) required during the construction of the development. 6. The developer is advised that if construction materials are proposed to be kept on the highway during construction works then they will need to apply for a license from the Council. 7. With regards to surface water drainage it is the responsibility of the developer to make proper provision for drainage to ground, water courses or a suitable sewer. In respect of surface water it is recommended that the applicant should ensure that storm flows are attenuated or regulated into the receiving public network through on or off site storage. When it is proposed to connect to a combined public sewer, the site drainage should be separate and combined at the final manhole nearest the boundary. Connections are not permitted for the removal of Ground Water. Where the developer proposes to discharge to a public sewer, prior approval from Thames Water Developer Services will be required. They can be contacted on 0845 850 2777. 8. In promoting the delivery of safer, stronger, sustainable places the Local Planning Authority fully supports the adoption of the principles and practices of the Secured by Design Award Scheme and Designing against Crime. Your attention is drawn to the free professional service provided by the Metropolitan Police Designing Out Crime Officers for North East London, whose can be contacted via [email protected] or 0208 217 3813 . They are able to provide qualified advice on incorporating crime prevention measures into new developments. 9. The proposal is liable for the Mayor of London Community Infrastructure Levy (CIL). Based upon the information supplied with the application, the CIL payable would be £8,964 (this figure may go up or down, subject to indexation). CIL is payable within 60 days of commencement of development. A Liability Notice will be sent to the applicant (or anyone else who has assumed liability) shortly and you are required to notify the Council of the commencement of the development before works begin. Further details with regard to CIL are available from the Council's website. REPORT DETAIL 1. Site Description 1.1 The application site is a piece of land which is located to rear of the properties along Harlow Gardens, Romford. The site is surrounded by residential dwellings. The ground has a severe slope down from northeast to southwest. The site has an overall area of approximately 2496m² 1.2 Development in the vicinity is characterised by 2-storey and 3-storey residential dwellings with various different external finishing. 1.3 The site is currently in an advanced stage of development. 2. Description of Proposal 2.1 The Section 73 application is for a minor material amendment to consent P1053.13 dated 23rd October 2014 to allow 3 no. new rooflights to each of the 2 no. bungalows. 2.2 The proposed rooflights would be situated in the southeastern, southwestern and northwestern roofslopes will measure measure 0.8m x 0.8m. 2.4 The additional space proposed would be used for storage. A condition will be imposed to ensure the new windows to would be obscure glazed and fixed shut. 3. Relevant History 3.1 P1809.15 - Variation of condition 2 of P1053.13 in order to increase the size of the rear dormers to the row of terraces - Approved by Regulatory Services Committee on 12th May and awaiting the completion of a legal agreement 3.2 P1053.13 - The erection of 5 No 2 bed chalet style bungalows - Approved with agreement 4. Consultations/Representations 4.1 Neighbour notification letters were initially sent to 49 properties and 1 letter of comments and 4 letters of objection were received. The objections raised can be summarised as follows: - Overlooking Loss of privacy Dwellings being built on raised ground 4.3 In order to address any overlooking and loss of privacy concerns, a condition will be added in the event of an approval to obscure glaze and fix shut the proposed roolfights. The issue relating to the raising of the ground is not relevant to the current application. 5. Relevant Policies 5.1 Policies CP1 (Housing Supply), CP2 (Sustainable Communities), CP8 (Community Needs), CP17 (Design), DC2 (Housing Mix and Density), DC11 (Non-designated Sites), DC32 (The Road Network) DC33 (Car Parking), DC34 (Walking), DC35 (Cycling), DC36 (Servicing), DC55 (Noise), DC61 (Urban Design), DC63 (Delivering Safer Places) and DC72 (Planning Obligations) of the Local Development Framework Core Strategy and Development Control Policies Development Plan Document are considered to be relevant. 5.2 Other relevant documents include the Residential Design SPD, the Sustainable Design and Construction SPD and the Planning Obligation SPD (Technical Appendices) 5.3 Policies 3.3 (increasing housing supply), 3.4 (optimising housing potential), 3.5 (quality and design of housing developments), 3.8 (housing choice), 3.9 (mixed and balanced communities), 5.3 (sustainable design and construction), 6.1 (strategic transport approach), 6.3 (assessing effect on transport capacity), 6.9 (cycling), 6.10 (walking), 6.13 (parking), 7.3 (designing out crime), 7.4 (local character), 7.6 (architecture), 8.2 (planning obligations) of the London Plan, are material considerations. 5.4 The National Planning Policy Framework, specifically Sections 4 (Promoting sustainable transport), 6 (Delivering a wide choice of high quality homes), 7 (Requiring good design) and 8 (Promoting healthy communities) are relevant to these proposals. 6. Staff Comments 6.1 The only change to the previously approved scheme under P1053.13 would be the addition of rooflights. Staff do not consider the proposal to result in an unacceptable visual impact on the surrounding area. 6.2 The proposal will not result in an unacceptable impact on neighbouring occupiers to the rear as the proposed windows will be conditioned to be obscure glazed and fixed shut. 6.3 All other aspects have has been previously determined as acceptable and would not be impacted by the proposed revisions. 6.4 Mayoral Community Infrastructure Levy 6.4.1 The proposed development is liable for the Mayor’s Community Infrastructure Levy (CIL) in accordance with London Plan Policy 8.3. The applicable fee is based on an internal gross floor area of 448.2m² which equates to a Mayoral CIL payment of £8,964. 6.5 Infrastructure Impact of Development 6.5.1 Regulation 122 of the Community Infrastructure Levy Regulations 2010 (CIL Regs) states that a planning obligation may only constitute a reason for granting planning permission for the development if the obligation is: (a) (b) (c) necessary to make the development acceptable in planning terms; directly related to the development; and fairly and reasonably related in scale and kind to the development. 6.5.2 Policy DC72 of the Council's LDF states that in order to comply with the principles as set out in several of the Policies in the Plan, contributions may be sought and secured through a Planning Obligation. Policy DC29 states that the Council will seek payments from developers required to meet the educational need generated by the residential development. Policy 8.2 of the Further Alterations to the London Plan states that development proposals should address strategic as well as local priorities in planning obligations. 6.5.3 In 2013, the Council adopted its Planning Obligations Supplementary Planning Document which sought to apply a tariff style contribution to all development that resulted in additional residential dwellings, with the contributions being pooled for use on identified infrastructure. 6.5.4 There has been a recent change to the effect of the CIL Regs in that from 6th April 2015, Regulation 123 of the CIL Regs states that no more than 5 obligations can be used to fund particular infrastructure projects or infrastructure types. As such, the SPD, in terms of pooling contributions, is now out of date, although the underlying evidence base is still relevant and up to date for the purposes of calculating the revised S106 contributions. 6.5.5 The evidence background to the SPD, contained in the technical appendices is still considered relevant. The evidence clearly show the impact of new residential development upon infrastructure - at 2013, this was that each additional dwelling in the Borough has a need for at least £20,444 of infrastructure. Therefore, it is considered that the impact on infrastructure as a result of the proposed development would be significant and without suitable mitigation would be contrary to Policy DC72 of the LDF and Policy 8.2 of the London Plan. 6.5.6 Furthermore, evidence clearly shows a shortage of school places in the Borough - (London Borough of Havering Draft Commissioning Plan for Education Provision 2015/16-2019/20). The Commissioning report identifies that there is no spare capacity to accommodate demand for secondary, primary and early years school places generated by new development. The cost of mitigating new development in respect to all education provision is £8,672 (2013 figure from Technical Appendix to SPD). On that basis, it is necessary to continue to require contributions to mitigate the impact of additional dwellings in the Borough, in accordance with Policy DC29 of the LDF. 6.5.7 Previously, in accordance with the SPD, a contribution of £6000 per dwelling was sought, based on a viability testing of the £20,444 infrastructure impact. It is considered that, in this case, £6000 per dwelling towards education projects required as a result of increased demand for school places is reasonable when compared to the need arising as a result of the development. 6.5.8 It would therefore be necessary to require a contribution to be used for educational purposes. Separate monitoring of contributions would take place to ensure that no more than 5 contributions are pooled for individual projects, in accordance with CIL legislation. It is considered that a contribution equating to £6000 per dwelling for educational purposes would be appropriate. 7. Conclusion 7.1 In conclusion, the proposed changes to condition 2, as stated earlier in this report, is considered to be acceptable. It is recommended that planning permission be granted, subject to the completion of the Deed of Variation. IMPLICATIONS AND RISKS Financial implications and risks: Financial contributions are required through a legal agreement. Legal implications and risks: Legal resources will be required to prepare and complete the legal agreement. Human Resources implications and risks: None. Equalities implications and risks: The Council’s planning policies are implemented with regard to equality and diversity. BACKGROUND PAPERS Application form, drawings and supporting statements received on 02/02/16 and amended plans received on 16/02/16.